anaheim-gazette 1923-11-01

SECRETARY WEEKS GIVES MUSCLE SHOALS FACTS Reply to Denunciation of War Department Deals in Cold Truth About Gorgas Plant Disposal. The followig is the complete statement of Secretary of War Weeks relative to Mr. Henry Ford's accusations concerning the action of the War department in connection with the Gorgas plant at Muscle Shoals: "Mr. Ford delivered a personal attack upon me in connection with the conduct of the administration in relation to Muscel Shoals. His statement is filled with reckless assertions. "It may be that Mr. Ford, relying as he does upon other persons in the conduct of so many enterprises, probably is not himself possessed of the full facts of the situation. For the benefit of those who do not fully understand the problems involved, I shall briefly review the subject. "Musce Shoals was a development for nitrate purposes in the war, which included the construction of a large dam on the Tennessee river and the construction of two air-fixing nitrate plants, with large quarries and as an adjunct to these plants, in order to supply power pending the completion of the water power dam a steam plant was erected 90 miles away on the Warrior river, known as the Gorgas plast. The total expenditure on these properties was about $102,000,000, of which less than $5,000,000 was spent upon this isolated and temporary steam plant. The steam plant was erected on the property of the Alabama Power company which reserved title to the land on agreed conditions with the Wilsox administration, for which this administration is not responsible; and which gave to them the right to purchase the Gorgas steam plant. The proposal made by Mr. Ford for the purchase of this entire equipment involved the payment by way being very strong that the majority of the jurors are chosen either because they do not read newspapers or because they do not have strong opinions. That is, th effect that they have read nothing about it, have no opinions, renders them more acceptable to both prosecution and defense. But in justice to the bar it should be noted that lawyers are becoming more conscientious in the matter of exercising the privilege of peremptory challenge. Looking back over the history of the courts in Orange county, we find that a large majority of those who have been brought to trial have been convicted. It has been the policy of our district attorneys, as a rule, to refuse to sanction warrants in actions in which there appeared to be no chance for conviction, excepting in certain kinds of cases in which the ends of justice seem to demand prosecution, even though the chance of conviction is slight. Failure to reach a conclusion in a trial is not always the fault of the jury or of the district attorney. Our laws are so ramed as to give the defendant the benefit of every phase of the trial, not only in the selection of the jury, but in the presentation of the evidence. A prosecutor always works under a handicap. The defendant is presumed to be innocent, and there is thrown about him a legal fence. During the last legislature some efforts were made to get rid of some of these handcaps but the efforts in the main were not successful. Barriers erected by tradition give way slowly. The fact, however, that the effort was male indicates a movement in the right direction. We can hope for betterments. The main fault with the jury system has always been and still is that the verdict must be rendered unanimously by twelve jurors who are not trained for the responsibilities placed upon them. They are called in this case from four towns. By upon this isolated and temporary steam plant. The steam plant was erected on the property of the Alabama Power company which reserved title to the land on agreed conditions with the Wilsos administration, for which this administration is not responsible, and which gave to them the right to purchase the Gorgas steam plant. The proposal made by Mr. Ford for the purchase of this entire equipment involved the payment by him of $5,000,000 for the entire plant, including the above isolated and temporary steam pant. They also involved many other conditions with regard to the completion of the water power, etc. No disposal of government property can rightfully be made by any administrative officer without the approval of Cosgress and I, as the responsible official in this matter, referred Mr. Ford's offer to Congress, which has so far not acted upon it. "In the meantime the Alabama Power company, under their rights in the old contract, notified the government that the lands must be vacated on or before October 15, this year. They offered to pay $3,500,000 for this comparatively small item of the whole equipment. The government had an option to accept this iceer, which was the highest made, or to salvage this plant as second-hand machinery and from which they could not have realized more than $1,000,000. On the other hand, it must be borne in mind that for this single item in the entire equipment the government has secured $3,500,000, as against the $6,000,000 ocered by Mr. Ford for the entire plant and equipment. "At the time of the sale in a desire not to disturb the status quo, the administration stated to Mr. Ford that this amount could be credited on his original offer of $5,000,000 if it was so wished. Mr. Ford's declared purpose in purchasing the Muscle Shoals is the manufacture of nitrates for fertilization purposes. I have the keenest interest in the development of air fixation of nitrates in assistance of the American farmer and in the adaptability of Muscle Shoals for this purpose. As evidence of the government's desire to promote this enl it is carrying forward today the construction of hydraulic works on the Tennessee river, with a view to making that great water power available for the purpose I have never opposed Mr. Ford's securing the use of this water power or any other equipment we have, provid- in the main fault with the jury system has always been and still is that the verdict must be rendered unanimously by twelve jurors who are not trained for the responsibilities placed upon them. They are called in this state for a term of six months. By the time they become familiar with their duties and are in a position to render uniformly satisfactory service they are dismissed and another set of talesmen is called. The time may come when we will leave the verdict in criminal cases in the hands of judges or in the hands of trained jurors. At present we seem to be a long way from having a system that is free from mistrials; too often justice is defeated. In this county failure to convict or acquit cannot be said to be due to the lack of intelligence on the part of our jury panels, for the lists are made up from the best and most intelligent citizens and property owners of the county. The fault is more often with the system than with the individuals who are called to the service. The requirement of a verdict of twelve is going beyond reason. A vote of ten out of twelve ought to be sufficient in any state, excepting, perhaps when a life is at stake. Rules of evidence ought to be such that everything having anything to do with the case could be laid before a jury. As it is, in the anxiety of the law to protect the accused, oftentimes a district attorney must submit the case without having been able to present some of his most pertinent points. IF U.S.WERE BAMBOOZLED INTO CANCELING LOANS The International Federation of Trades Unions in session in Geneva has solved the reparations question. Here it is: Let England write off her claims to indemnities from Germany, equalling the English debt to America. Let the other claimants write off reparations to the amount of $6,250,000,000—the sum they owe the United States. Then let the United States cancel the foreign loans. Now that would be very lovely, but, rest assured, the United States will enter into no such arrangement. The fact is that the proposition is exactly in the main were not successful. Barriers erected by tradition give way slowly. The fact, however, that the effort was male indicates a movement in the right direction. We can hope for betterments. The main fault with the jury system has always been and still is that the verdict must be rendered unanimously by twelve jurors who are not trained for the responsibilities placed upon them. They are called in this state for a term of six months. By the time they become familiar with their duties and are in a position to render uniformly satisfactory service they are dismissed and another set of talesmen is called. The time may come when we will leave the verdict in criminal cases in the hands of judges or in the hands of trained jurors. At present we seem to be a long way from having a system that is free from mistrials; too often justice is defeated. In this county failure to convict or acquit cannot be said to be due to the lack of intelligence on the part of our jury panels, for the lists are made up from the best and most intelligent citizens and property owners of the county. The fault is more often with the system than with the individuals who are called to the service. The requirement of a verdict of twelve is going beyond reason. A vote of ten out of twelve ought to be sufficient in any state, excepting, perhaps when a life is at stake. Rules of evidence ought to be such that everything having anything to do with the case could be laid before a jury. As it is, in the anxiety of the law to protect the accused, oftentimes a district attorney must submit the case without having been able to present some of his most pertinent points. IF U.S.WERE BAMBOOZLED INTO CANCELING LOANS The International Federation of Trades Unions in session in Geneva has solved the reparations question. Here it is: Let England write off her claims to indemnities from Germany, equalling the English debt to America. Let the other claimants write off reparations to the amount of $6,250,000,000—the sum they owe the United States. Then let the United States cancel the foreign loans. Now that would be very lovely, but, rest assured, the United States will enter into no such arrangement. The fact is that the proposition is exactly in ation of nitrates in assistance of the American farmer and in the adaptability of Muscle Shoals for this purpose As evidence of the government's desire to promote this enl it is carrying forward today the construction of hydraulic works on the Tennessee river, with a view to making that great water power available for the purpose I have never opposed Mr. Ford's securing the use of this water power or any other equipment we have, provided he is able to give such assurance of its being devoted to this particular purpose as will satisfy Congress and properly protect the public interest. That he could never economically make nitrates by the use of steam power is denied by every expect adviser. "The fact that he says his offer is still open would seef to indicate that he does not regard the Gorgas steam plant as necessary to him in the carrying out of his plan to purchase and I do not propose to continue a news-necessary shall place all facts before a proper tribunal." THE JURY SYSTEM TODAY It was more than fifty years ago that Mark Twain, in "Roughing It," declared the jury system to be "the most ingenious and infallible agency for defeating justice that human wisdom could contrive." While the jury system since Mark Twain's day has been improvel in many states, it is still a very lame institution. The improvements that have been made have been toward getting rid of technicalities in the examination of jurors, but the selection of the jury far too often is more or less a legal farce with the likelihood al- Here it is: Let England write off her claims to indemnities from Germany, equalling the English debt to America. Let the other claimants write off reparations to the amount of $6,250,000,000—the sum they owe the United States. Then let the United States cancel the foreign loans. Now that would be very lovely, but, rest assured, the United States will enter into no such arrangement. The fact is that the proposition is exactly what the statesmen of Europe have hinted at, but have not had the courage to proclaim so boldly. The International Federation of Trades Unions is not so timid. The Tolelo Blade comments as follows on the suggestion: "How pleasant it would be, indeed, for Europe if Aferica could be buffaloed or bamboozled into cancelling its debt! Then Britain could go ahead an catch up with the French accumulation of aerial bombers. France could add another 100,000 to her army and enter upon another adventure or two for the military domination of Europe. Germany could pay and stand by hallelujahing while the French marched home from the Rhur. Everybody would be happy, that is everybody except the American people who put up the money which their government loaned to Europeans in the faith that no question of repayment would ever be raised." OTHERWISE O. K. Former advocates of the league of nations are now finding that the only thing wrong with it is that it doesn't work. Depositors have $32,000,000,000 in the banks of the United States. What a Christmas this coming one may be, Cash, in lawful ed States, ten per purchase money bid, balance on by said Superior shall be made sub-tion of the said S or offers must be left at the office the attorneys for Suite 2, Golden St Building, in the Orange County, Cash delivered to the at her place of West Broadway, helm, County of California, or may be the Clerk of sale any time after the notice and before sale. Dated, Anaheh 4th day of October ANNEX Executrix of the bernagel, Dee 10-4-3t Home itself w however, if des who writes sum California Theatre ANAHEIM Thursday, Nov. 1 VAUDEVILLE Mary McAvoy in "Heros and Husbands" Friday and Saturday, Nov. 2-3 That Dazzling Drama "The Eternal Struggle" with Wallace Beery & Renee Adoree Sun Mon Nov 4-5 Mae Murray in "The French Doll" Comedy "The Busher" Kinograms Tues Wed Nov 6-7 Cullen Landis and Louise Fazenda in "THE FOG" Added Attraction the exclusive picture of the Comedy "The Busher" Kinograms Tues Wed Nov 6-7 Cullen Landis and Louise Fazenda in "THE FOG" Added Attraction the exclusive picture of the Zev-Papyrus Race NOTICE In the Superior Court of the State of California, in and for the County of Orange. In the Matter of the Estate of Cornellius Silbernagel, Deceased. Notice of Sale of Real Estate at Private Sale. Notice is hereby given, that the undersigned executrix of the will of Cornellius Silbernagel, Deceased, will sell at private sale, in one parcel, to the highest bidder, upon the terms and conditions hereinafter mentioned and set forth, and subject to the confirmation of said Superior Court, on or after Monday, the 22nd day of October, 1923, at the hour of ten o'clock in the forenoon of said day, all of the right, title and interest of the estate of said Cornellius Silbernagel, Deceased at the time of his death, in and to the real property hereinafter described, and all the right, title and interest that said estate has, by operation of law, or otherwise, acquired other than, or in addition to that of said deceased at the time of his death, of, in, and to that certain real property situate, lying and being in the City of Anaheim, County of Orange, State of California, described as follows, to wit: Beginning at a point 523.75 feet South 15 1-2* East of a point on the South line of Center Street, which is 603 feet South 74 1-2* West from the Northeast corner of Vineyard Lot "E6," as shown on a Map of Anaheim, recorded in Book 4, pages 629 and 630 of Deeds. Records of Los Angeles County, California, and running thence South 15 1-2* East 57.50 feet more or less, to a point in the Northwesterly line of that certain strip of land conveyed to the City of Anaheim for alley purposes by deed recorded in Book 363, page 52 of Deeds. Records of Orange County, California; thence South 74 1-2* West along the Northern line of said strip of land so conveyed to the City of Anaheim, 208 feet to a point in the Western line of the land conveyed to C. Silbernagel by deed recorded in Book 124, page 109 of Deeds. WEST BROADWAY M. E. CHURCH Sunday school, 9:46 a.m. Preaching, 11 a.m. and 7:30 p.m. Epworth League, 6:45 p.m. Prayer meeting, Wednesday evening Bible study, Friday eaening. Sunday evening and Friday evening services are in the English language Pastor. 50 GOOD CIGARETTES 10¢ GENUINE "BULL" DURHAM TOBACCO SUMMONS In the Justice's Court of Anaheim Township, County of Orange, State of California. Fred Peck and C. C. Caley, co-partners transacting business under the name and style of Anaheim Plumbing Co., plaintiffs, vs. Anaheim Building Corporation, a corporation, and Joe Siegel, defendants. The People of the State of California Send Greeting To: Anaheim Building Corporation, a corporation, and Joe Siegel, defendants: Terms and Condition of Sale Cash, in lawful money of the United States, ten per cent (10%) of the purchase money to accompany the bid, balance on confirmation of sale by said Superior Court. Said sale shall be made subject to the confirmation of the said Superior Court. Bids or offers must be in writing and may be left at the office of Weisel & Stark, the attorneys for said executrix, at Suite 2, Golden State National Bank Building, in the City of Anaheim, Orange County, California, or may be delivered to the executrix personally at her place of residence at No. 619 West Broadway, in the City of Anaheim, County of Orange, State of California, or may be filed in the office of the Clerk of said Superior Court, at any time after the publication of this notice and before the making of the sale. Dated, Anaheim, California, this 4th day of October, 1923. ANNA SILBERNAGEL, Executrix of the will of Cornellus Silbernagel, Deceased. 10-4-3t Home itself would seem charming, however, if described by the chap who writes summer resort literature. Fred Peck and C. C. Caley, co-partners transacting business under the name and style of Anaheim Plumbing Co., plaintiffs, vs. Anaheim Building Corporation, a corporation, and Joe Siegel, defendants. The People of the State of California Send Greeting To: Anaheim Building Corporation, a corporation, and Joe Siegel, defendants: You are Hereby Directed to Appear before me at my office, at the City Hall, in the City of Anaheim, in said Township, and answer the complaint in an action entitled as above, brought against you in the Justice's Court of Anaheim Township, County of Orange, State of California, within five days after the service on you of this summons—if it is served within the city end County, township or city in which this action is brought; but within ten days if it is served out of said township or city but in the County in which the action is brought, and within twenty days if served elsewhere. And you are hereby notified that unless you so appear and answer as above required, the said Plaintiffs will take judgment for any money or damages demanded in the Complaint, as arising upon contract or they will apply to the Court for the relief demanded in the complaint. Given under my hand this 20th day of October, 1923. G. B. BROWN, Justice of the Peace of said Township AMES & McFADDEN, Attorneys for Plaintiffs. 11-1-10t Destructive criticism seems to have no effect on a lot of nuisances that should be destroyed. Fire insurance companies are confronted every day with burning questions. Get Yours Today Ana-Lac (Registered) That new Health Drink will make it's appearance Thursday, November 1st. A PURE DAIRY PRODUCT ENDORSED BY PHYSICIANS 10c Per Quart To Place 'Your Order Just Phone 666 Our Wagons Deliver To You Anaheim Creamery Co. To Place Your Order Just Phone 666 Our Wagons Deliver To You Ana-Lac Manufactured & Bottled By ANAHEIM CREAMERY CO. Consider the Future Take time today to sit down and think over your plans for the future. There is not much opportunity for you to accomplish what you Consider the Future Take time today to sit down and think over your plans for the future. There is not much opportunity for you to accomplish what you desire unless you have money to carry out your ideas. The first step is to start an account with this strong Bank—then when the opportunity arrives you will be ready. This bank prides itself upon the fact that special attention and care is given by its officers to business men and their needs. Business men will find that this attention and advice is a most valuable asset to any business. Haheim National Bank OFFICERS Vm. A. DOLAN, President J. H. WENTS, Vice-President R. L. PHEGLEY, Asst. Cashier A. B. McCORD, Cashler. DIRECTORS A. Dolan. surun J. H. Wents J. J. Dwyer B. Fisher A. B. McCord F. C. Rimpau